Opinion
2015–10123 (Ind. No. 7366/13)
08-07-2019
The PEOPLE, etc., Respondent, v. Karl SILVA, Appellant.
Samuel K.F. Jones, Mt. Vernon, NY, for appellant, and appellant pro se. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Jordan Cerruti of counsel), for respondent.
Samuel K.F. Jones, Mt. Vernon, NY, for appellant, and appellant pro se.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Jordan Cerruti of counsel), for respondent.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's contentions that certain comments made by the prosecutor during his opening statement and summation were improper and deprived him of a fair trial are unpreserved for appellate review. The defendant either failed to object, made only a general objection and failed to request additional instructions when the trial court gave curative instructions, or failed to move for a mistrial based on the sustained objection (see CPL 470.05[2] ; People v. Bragg , 161 A.D.3d 998, 77 N.Y.S.3d 435 ; People v. Martin , 116 A.D.3d 981, 982, 983 N.Y.S.2d 813 ; People v. Allen , 114 A.D.3d 958, 959, 982 N.Y.S.2d 322 ). In any event, these contentions, as well as the remaining contentions, raised in the defendant's pro se supplemental brief, are without merit.
RIVERA, J.P., CHAMBERS, HINDS–RADIX and MALTESE, JJ., concur.